WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
September 11, 2006 7:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on September 11, 2006 at 7:00 P.M. in Council Chambers of the City of Weirton Municipal Building.
Mayor Miller called the meeting to order.
Councilmembers in Attendance: Henry DeMasis Councilmember Ward 4 Harold Miller Councilmember Ward 2 Dale Moore Councilmember Ward 3 Jerry Miller Councilmember Ward 1 David Dalrymple Councilmember Ward 6 Frank Veltri Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Superintendent Chief Kessler Cole Weirton Fire Department Gary DuFour City Manager Beth Gaughan CDBG Administrator Thomas J. Maher, Jr. City Clerk Valerie Means Finance Director A. D. Mastrantoni Utilities Director Rik Rekowski Mary H. Weir Public Library Rod Rosnick Chief Code Official Chief D. Lance Scott Weirton Police Department Terry Weigel Weirton Parks and Recreation Director John Yeager City Attorney
Others in Attendance: Citizens Media Jason Howard, Weirton Daily Times
Mayor Miller led the Pledge of Allegiance. Mayor Miller requested that everyone please remain standing after the Pledge of Allegiance. At that time Mayor Miller announced, “We would like to have a moment of silence and prayer for the individuals who lost their life on the 9/11 attack on this country. Over at the right, you will see a “Flag of Heroes.” This was presented to the City one year ago by Eleanor Salter in memory of Katherine Patricia Salter, who was a graduate of Wellsville High School, and she died in the tragedy of 9/11. So, we’ll have a moment of silence and prayer for the individuals affected.”
(Moment of Silence)
Mayor Miller thanked everyone.
APPROVAL OF MINUTES
A motion was made by Councilmember J. Miller and second by Councilmember Kondik to approve the minutes of the: August 07, 2006 – Regular Council MeetingThe motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Miller commented, “There is one Mayor’s Award. I would like for Mr. and Mrs. LaPosta, along with Kaylee and Brother Kevin to stand up at the podium please, and I’ll be down to see you in a minute. First of all, what I would like to do is read Preteen West Virginia Senior Division’s run down on Kalee’s performance. She won the Senior Division, for ages 10 to 12, at the Scholarship and Recognition Program on Monday, September 4th, 2006, in Charleston, West Virginia. She will represent the state July 3rd through 8th in the year 2007 at the Preteen America National Competition at the Holiday Inn in Baton Rouge, Louisiana. Kaylee will hold the title for one year and will attend numerous and other state competitions, giving speeches, performing talents and meeting other young ladies throughout the country. She is a 7th Grade student at Weir Middle School. Kaylee was granted a one thousand dollar educational bond for her achievements in academics, volunteer community service, school honors, and her development of personal skills and abilities, general knowledge and communication ability. She demonstrated an on-stage expressiveness and overall preteen image. Kaylee has been involved with the Hancock County Animal Shelter, Girl Scout Troop 3157, Goodwill, United Way and the Salvation Army. That’s quite a repertoire of events. I think Council and the City Administration would agree with me that we have a lot of wonderful youth in the City of Weirton, and the best way is to go ahead and bring them up and honor them. And, we thank you very much, and I’ll let you read what I said on that, because my cheaters aren’t here and I’m not likely to read it correctly.”
Ms. LaPosta commented, “In grateful recognition for winning the Senior Division Competition at Preteen West Virginia. The City of Weirton is proud to have someone of your caliber representing the State of West Virginia at the 2007 Preteen America National Competition in Baton Rouge, Louisiana. Your past and future accomplishments, your community service, school honors and development of personal skills and abilities deserve special recognition and this award.”
Mayor Miller commented, “And, may I say congratulations. Thank you.”
(Applause)
Ms. LaPosta thanked Mayor Miller.
Council and the City Administration congratulated Ms. LaPosta.
Photographs were taken of the presentation.
(Applause)
Mayor Miller commented, “We have one proclamation. Again, this year, September has been designated International Literacy Month.
Whereas, the literate citizen is a more productive citizen for his family, our community and our nation, and Whereas, 19% of our Hancock County residents are in need of increasing their literacy and lifelong learning skills, and Whereas, volunteers have been invaluable in the community and the resources to our City, the Mary H. Weir Public Library, the United Way Agency, and lifelong learning program, with the assistance of the Weirton Area Literacy Council which are affiliated in West Virginia, as well as the Pro-Literacy America, the oldest and largest network of volunteer providers in the United States, Now, therefore, I, William M. Miller, Mayor of the City of Weirton, do hereby proclaim the month of September as International Literacy Month. Thank you.
(Applause)
Mayor Miller commented, “Rik, come on up and get this. Congratulations. Pam, you should take credit for that. He’s your boss.”
COMMUNICATIONS
Mayor Miller commented, “October 31st, 6 to 8 PM will be Halloween night. So, we hope to get that in the paper, and let the general public know.”
Mayor Miller commented, “On the Kusic Building, we’ll have an update from Mr. Yeager please.”
Mr. Yeager commented, “Mr. Mayor, today I found that, today was the day for which Mr. Kusic was due to file his answer. And, he’s filed a document called a Notice of Bona Fide Defense, which in effect gives him another 10 days to answer. And, within that period of time, I expect that he will file his answer in the Circuit Court of Brooke County.”
Mayor Miller thanked Mr. Yeager and asked if there were any questions from the Councilmen or if there were any other communications from any of the Councilmen.
CITIZEN COMMENTS
Ms. Sherry Byers-Pepper 3632 Collins Way, Weirton, WV: Ms. Byers-Pepper commented, “Good evening. I’m Sherry Byers-Pepper. I’m Secretary of the Weirton Area Historic Landmarks Commission. I live at 3632 Collins Way, and my comments are concerned about Cove School, and I am presenting to you a document. I believe that each one of you got one. Any one who needs any of the documents here, they’re here for pick up by the citizens. I’m here on behalf of the Weirton Historic Landmarks Commission for the purpose of the formal presentation to the Common Council of the City of Weirton a plan to finance and preserve Cove School. I am Sherry Byers-Pepper, as I said earlier, and I am Secretary of the Commission. The Weirton Historic Landmarks Commission wishes to clear up some misinformation concerning the functions of the Commission. One, we are not a society. We are a city commission that was established under local, state and federal laws, and operate under the guidelines of the Department of the Interior, the National Parks Service, and the West Virginia Division of Culture and History. We have also been certified as a certified local government, locally known, and known as a CLG, by a signed agreement between the city and the National Parks Service. At present, we are the only CLG listed on the National Parks website for West Virginia. To quote from the CLG state literature, ‘Certified Local Governments are recognized by state and federal agencies as having special expertise in historic preservation. Number two, some in the city have inferred that we are asking fully…that the city fund fully the revitalization of Cove School with the sources listed in the State of West Virginia proposed HUD Consolidated Development Plan, State program years 2005 to 2009, prepared by the West Virginia Development Office, West Virginia Housing Development Fund, West Virginia Office of Economic Opportunity, and the West Virginia Human Right Commission, dated February 28, 2005. The information contained in this source is based on information form local governments and the BHJ Planning Commission. The Weirton Historic Landmarks Commission has continued to identify potential sources of funding for specific uses for Cove School to the present administration. We are charged by the City to preserve and protect Weirton’s historic assets. The response of the City to our preservation effort has been communicated most often in the newspaper. The Weirton Historic Landmarks Commission has twice requested money from the CDBG Funds for the purpose of securing Cove School from further deterioration. Monies for historic preservation projects are eligible for CDBG funding. The Commission has the planetary, plen…plenary, that means all-encompassing after I looked it up, power and authority to designate buildings, structures and sites within the jurisdiction of the City of Weirton and has identified Cove School as a historic building in 1993. We also have the all encompassing power and authority to establish standards for the care and management of certified landmarks and the administration of the same. We have submitted to you a plan for development and preservation of Cove School. We have also submitted our rationale for your review. The Weirton Historic Landmarks Commission would be remiss in its duties if we did not present this for your review. And, I’m sorry. I lost my place, and I’m reading…quoting, so I’m going to go back one moment and say that, the Commission would be remiss in its duties to the Common Council of the City of Weirton if we did not bring our concerns to you, the plenetary power and authority of the City of Weirton. The Weirton Historic Landmarks Commission asserts that it’s in the best interest of the citizens of Weirton, of the Common Council to; one, schedule an informational meeting with the Landmarks Commission within a week of this meeting. The Common Council of the City of Weirton reach decisions on the future of Cove School at a special meeting called for that purpose before its next scheduled meeting; that the actions detrimental to the integrity to the structure of Cove School cease immediately. The Common Council recognized that that old building has potential to become a historic product and attract others to our community and give our citizens, and enhance their cultural depth. We at the Weirton Historic Landmarks Commission find our historic building sites and history as valued old friends. We honor those known and unknown for their contributions to our community and how their contributions have shaped our reality. The stories of how common people met and handled obstacles inspires us. The unraveling of a mystery concerning our ancestors brings joy into our lives. We, the members of the Weirton Historic Landmarks Commission, are committed to the preservation of Weirton’s historic assets and their value in economic development. We have worked many years to preserve this building. We hope that the Common Council of the City of Weirton will take into consideration that this building could very easily become the main attraction for downtown. I thank you very much for your time and attention.”
Councilmember Moore commented, “I have some questions, if you could answer them for me.”
Ms. Byers-Pepper commented, “I would be glad to if it is within my realm.”
Councilmember Moore commented, “OK. What other project has the Historic Landmark Commission taken on as far as rehabilitating a building?
Ms. Byers-Pepper commented, “We haven’t.”
Councilmember Moore commented, “You haven’t. Yet, it says you’ll obtain financing for this project. Now, you sent us a note that says that in 1993, it’s dated September 23, 1993 the Historic Landmark Commission designated Cove School as apparently historic. It says here that, ‘We resolve that a Mr. Robert Wirgau represent and pursue the feasibility of the Weirton Historic Landmarks Commission obtaining title of the Cove School property. Be it further resolved that Mr. Wirgau seek to coordinate the future use of Cove School property with the City’s Economic Development Co-Coordinator, Mr. Chuck Svokas.’ Thirteen years ago.”
Ms. Byers-Pepper commented, “Yes sir.”
Councilmember Moore commented, “But, we need a meeting within 7 days. We need to hold a special Council meeting within a month, and we need to decide on this by next month.”
Ms. Byers-Pepper commented, “Well, that is our suggestion, sir. Your response…”
Councilmember Moore commented, “What in thirteen years has come from this? What has the Historic Landmarks Commission done in thirteen years in regards to what their own resolution had?”
Ms. Byers-Pepper commented, “There was, there was revitalization planned by a former administration. We used…”
Councilmember Moore commented, “Which one? In 1993, that’s a lot of administrations.”
Ms. Byers-Pepper commented, “Mr. Harris.”
Councilmember Moore commented, “All right. I find it very…you know, you want us to meet. All of a sudden, this has to be done now. You’ve sat on it for thirteen years, your own commission. You’ve never completed a project, period, near the scope of at least 2.5 million dollars in renovations. I’m, I am not in favor of doing anything in a rush. I won’t be backed into a corner and forced to make a decision from somebody who’s set here for over a decade and it doesn’t look like they’ve done much about it.”
Ms. Byers-Pepper commented, “Sir, we have been continuing for thirteen years to bring this before Council.”
Councilmember Moore commented, “Well, then I think we get more than a week.”
Ms. Byers-Pepper commented, “Well, again, we are suggesting that it is important to get it, a decision made on the future of Cove School. If a week is not possible, that’s fine.”
Mayor Miller commented, “May I say something. Seven month ago we met with your board, with the City Manager and myself, and we asked you for a proposed plan that we could submit to Council so they could review it, so we could move forward on this. Essentially, right now, the best thing to do is to take a look at putting Cove School in the Redevelopment Authority hands and then if you want to negotiate and take a look at presenting them the plans for that school, it can be done. And, we have other interests also, businesses coming in and trying to take a look at Cove School for, we’ll say, remediation and / or building something there. So, the thought process here is, I agree with Councilman Moore that, essentially we’re not going to do anything overnight. By going back into redevelopment, and let them get the Cove School in their hands and then you can go ahead and present your plan to them”
Ms. Byers-Pepper commented, “Mr. Mayor, the only thing I can respond here is that we do have the power to administer and to work with, create the administration and the management of a historic site. It is in our charter, our ordinance.”
Mayor Miller commented, “I don’t think that we’re disputing that.”
Ms. Byers-Pepper commented, “And, we also have the expertise, of not only the West Virginia Develop, the West Virginia Department of Culture and History, but we have the National Parks and the Secretary of the Interior.”
Mayor Miller commented, “And, what does that do for us and Cove School?”
Ms. Byers-Pepper commented, “Well, it brings in the expertise.”
Mayor Miller commented, “In thirteen years, as Councilman Moore said, it’s been there. Why hasn’t some of this been brought in or plans generated for it?”
Ms. Byers-Pepper commented, “Because, Mr. Mayor, we have never had title. We cannot do anything until we have an agreement with the City Council or the title to the building. We cannot start anything. That’s the reason we have not done anything.”
Councilmember J. Miller commented, “May I say something?”
Mayor Miller commented, “Sure.”
Councilmember J. Miller commented, “As the Mayor said, seven months ago, they met with you, and they asked you for a plan to present to us. In seven months, where is the plan? First of all, you’re saying that you need to have the building turned over to you. Well, as the Mayor and the City Manager did, they told you to put it into some kind of plan as to what you were trying to get at. And, I know I haven’t seen anything up until now.”
Councilmember DeMasis commented, “Sherry, can I talk to you?”
Ms. Byers-Pepper commented, “Sure.”
Councilmember DeMasis commented, “You know, when you and I had that nice little talk that day, I tell you, what you told me was excellent. After we were done talking, you were done talking, after I was done listening, I’ll tell you, what you came up with, I think is great. And, I brought that up before a meeting we had. The Mayor was there. So was our City Manager. But, you know, what I like best about that is, you said as simple as this is that that if you were given that building, the City won’t have to ever worry about money, that you would take care of it.”
Ms. Byers-Pepper commented, “We would try very hard.”
Councilmember DeMasis commented, “Right.”
Ms. Byers-Pepper commented, “We are dedicated to that.”
Councilmember DeMasis commented, “I think you can.”
Ms. Byers-Pepper commented, “And, the point is Mr. Mayor, you’re saying that you met with our board seven months ago. You never met with our board. You met with representatives. That’s all. We have. We have no power…”
Mayor Miller commented, “Well, essentially, ma’am, if we present members of the board with an idea or a suggestion, I would feel that they would take it back to you, and then you would come forth with a program to present to Council. This is the only way we knew how to move forward. And, essentially, this is the only way we knew how to more forward. And, essentially, what we’re saying now is with the Redevelopment Authority, you can take it to them and submit your proposals. We want to make a move on Cove School, and if they give it to you, ma’am, that’s fine and dandy with me. We want to make sure that the situation there with the broken windows, the leaky roofs, and whatever it may be. The City has got that under their wing. We’re paying liability insurance. We had to put a new fence around it to prevent. Had you taken issues back then, thirteen years ago, ten years ago, with other administrations, maybe we wouldn’t be in this position. Maybe Cove School would now be some kind of museum or something. I don’t know.”
Ms. Byers-Pepper commented, “Mr. Mayor, you keep saying we didn’t do anything. And, I’m telling you that I can only speak what the Commission has approved for me to say. But, I will tell you that you never met with the full Commission.”
Mayor Miller commented, “Well, it was certainly open at that point in time, to get some…”
Ms. Byers-Pepper commented, “It was not a meeting with the Commission. We hold meetings…”
Mayor Miller commented, “It’s a matter of semantics, and I’m not going to discuss, you go ahead to the Councilmen. Here is the power, as you said. Talk to them about it.”
Ms. Byers-Pepper commented, “These seven men are the power of the City.”
Councilmember Moore commented, “If your board wants this, why didn’t your full board meet with…?”
Ms. Byers-Pepper commented, “Because, it wasn’t our meeting. We didn’t call the meeting.”
Councilmember Moore commented, “OK. Someone sent representatives to this meeting.”
Ms. Byers-Pepper commented, “Now, wait a minute! One second! One second. The thing is that we didn’t call this meeting. We went with another historic group to have a meeting. They called the meeting. They asked me to be there to listen to whatever, and I was there. It was not a meeting with the Weirton Historic Landmarks Commission, because our meetings are called in public.”
Mayor Miller commented, “City Manager, do you have anything to say?”
Mr. DuFour commented, “If I could. I understand where Ms. Pepper is coming from, and she’s been most clear. I think our issue, and we’ve discussed this a bit with the Redevelopment Authority, and of course Henry DeMasis was there. I think he spoke about some of the discussion we had. We have, and I guess the Council’s decision, is we have some competing interests, some private sector interest in the building, and we have one from a public entity. And, that is why we we’re talking about the use of the Redevelopment Authority to ferret this out and see what proposals are viable and would be best to follow. So, that was the discussion at the Redevelopment Authority. And, so far as we do have private sector interests, I would recommend that we talk to the Redevelopment Authority further, have them develop a proposal, and solicit, an RFP I should say, a request for a proposal, and solicit all of the parties, whether it be public or private, OK, for their input and their desire to utilize that property and make the proper valuation of it, and step forward and move with it. And, it could well be that the Historic proposal would be one of them, or one of several combinations. I’m not sure of all the…I didn’t get the proposal, but I’m not sure of all of the combinations.”
Ms. Byers-Pepper commented, “Yes. Well, the combinations of what goes in there determines the funding resources. Thank you very much for your kind attention. I would like to have some kind of response from our request for a meeting with you concerning Cove School.”
Mayor Miller commented, “I would suggest that Council appoint two individuals to respond, because it’s up to them. And, I’ll take a look at Mr. Kondik, who is senior councilman, and perhaps Dale Moore.”
Councilmember Moore commented, “I don’t think I would be well suited for this.”
Mayor Miller commented, “OK. Do we have a volunteer?”
Councilmember Veltri commented, “What I’m suggesting here, I think we should hear their proposal, what they have. And…”
Councilmember Dalrymple commented, “My whole issue with Cove School, like the gentlemen have brought up about it is the wheels were started in motion with this thirteen years ago, and almost three administrations ago. A lot of time has passed. That building is falling apart. The windows are gone. (Unintelligible) Perhaps, when your organization decided it wanted to do this…”
Ms. Byers-Pepper commented, “Our Commission.”
Councilmember Dalrymple commented, “Commission. Your Commission would have decided to do something then and been more proactive then, instead of now, the building would be in decent enough shape to where it wouldn’t be so hard to swallow to redevelop it into some type of a museum or whatever it may be. But, the building is in sad shape.”
Ms. Byers-Pepper commented, “And, it gets sadder every day.”
Councilmember Dalrymple commented, “Yes it does. And, money is tight. And, I read what you or your group had said to (unintelligible), and it was an interesting read. But, my main issue was, is it was a lot of ideas in there, but when it came to funding, there wasn’t any guaranteed concrete lock of funding.”
Ms. Byers-Pepper commented, “Well, sir, as I said, we have to have agreement with the City either by transfer of title or an agreement to do anything. So, we can’t tell you what the funding will be ten years from tomorrow, or you know, we can’t tell you that.”
Councilmember Dalrymple commented, “But, a private entity that would come in…”
Ms. Byers-Pepper commented, “Well, a private entity…”
Councilmember Dalrymple commented, “…who may want to take over the property and develop it into something can tell us exactly what they’re going to do and where their funds are coming from.”
Ms. Byers-Pepper commented, “Right.”
Councilmember Dalrymple commented, “And, being that the City is in the state that it is in, I really do not believe that we could afford to turn over a piece of property on, ‘This is what we might do.’ We need to have guarantees…”
Ms. Byers-Pepper commented, “Yes, sir. But…”
Councilmember Dalrymple commented, “And, in order for us to turn over…”
Ms. Byers-Pepper commented, “What you’re saying is that a one time shot of money into the community is going to be valuable.”
Councilmember Dalrymple commented, “No, that’s not what I’m saying.”
Ms. Byers-Pepper commented, “You only sell the property once. You’re only going to get one price. But, a continuing influx of money will bring more money and more people into the community. That’s what we’ve been trying to do for thirteen years. But, we have been unable to get past some of the…”
Councilmember Dalrymple commented, “But, why, all of a sudden…”
Ms. Byers-Pepper commented, “Because it’s very endangered.”
Councilmember Dalrymple commented, “It’s been endangered. It was endangered. That’s why they closed the building down, one of the reasons they closed it down…”
Ms. Byers-Pepper commented, “No it wasn’t.”
Councilmember Dalrymple commented, “Because of the consolidation of the schools, I know, but that building was old…”
Ms. Byers-Pepper commented, “Sir…”
Councilmember Dalrymple commented, “Why didn’t you guys go after the junior high or the old high school over by the stadium before they tore that down?”
Ms. Byers-Pepper commented, “We weren’t a Commission at that point in time sir. But, the thing is, again, you are holding me responsible for other Council’s decisions. I am here talking to you. I am asking for you to think ahead. Is it more valuable for a community in our economic…Now, wait a minute. I’m speaking as Sherry Pepper now. In answering your question, I do not bring these answers from the Commission. I gave you the Commission’s response. Now, these are Sherry Pepper’s responses. But, again, in an economic development problem that we have here, we have no jobs; we have nothing to draw people to Weirton. What are you going to do with them? How can you possibly address tourism without something to sell? It’s a product. If you have nothing to draw people here, you are going to have a one time payout for that property. That’s going to be the end. You may get taxes from it. You may not. It depends on the entity again. What we are saying, and what we have produced, we have the documentation for. We are inviting you to meet with us, so we can show you all of this documentation. We have a plan to bring people into the community.
Let me mention something to you now. There’s a community in Pendleton County. There are 797 people in that community. This coming weekend, they’re going to have their festival. There are 7,000 people in total in Pendleton County. OK. These people have based their festival on their history. And, this festival…I wish I would have brought the brochure with you, I will make sure all of you get it...This festival, last year, brought in 15,000 people to a community of 797. I think I have more faith that Weirton could do much better if we work together and work cooperatively.”
Mayor Miller commented, “Well, I kind of agree with certain things that you say Sherry. And, going back again, the presentation should be presented to the Redevelopment Authority and then let them decide.”
Ms. Byers-Pepper commented, “But sir, do you not understand we have the same power?”
Mayor Miller commented, “I understand what you’re saying.”
Ms. Byers-Pepper commented, “We have the same power to administrate and to run historic entities. We do have that in our ordinance.”
Mayor Miller commented, “And, then if you would present that to the Redevelopment Authority, and if there’s some kind of arrangement that they want to give it to you, then apparently, if it’s the way to go, they’ll also solicit from the private sector.”
Councilmember Veltri commented, “Why don’t we meet with them Mayor? And, let’s see what they bring forth that’s relevant, and we’ll go from there.”
Ms. Byers-Pepper commented, “We’ll be at your convenience.”
Councilmember Veltri commented, “Well, I’m going with…If the building is in such bad shape, and it’s been up, and it’s…that it should have been demolished a long time ago, then let’s start writing the building up just like we write everybody else then. It’s been up there for thirteen years now. We’ve not worried about it. Now, give them a chance. Let’s give them a chance, I say. That’s my opinion. I’m willing to meet with them.”
Councilmember H. Miller commented, “Maybe I could clear something up.”
Ms. Byers-Pepper commented, “Yes.”
Councilmember H. Miller commented, “The property that has been purchased by taxpayer’s dollars in this municipality cannot be just transferred to someone else.”
Ms. Byers-Pepper commented, “We’re an intergovernmental agency.”
Councilmember H. Miller commented, “We have to transfer this to the Redevelopment Authority just as we did with a piece of property on Cove Road here where the old fire station sat.”
Ms. Byers-Pepper commented, “No sir. You do not. You have not read our ordinance.”
Councilmember H. Miller commented, “We are in the process of hopefully transferring a parking lot facility on West Street. And, I think what, where we’re getting confused is, and Council will probably make a motion to transfer this to the Redevelopment Authority so, they can sit with the interested parties and decide what’s in the best interest for the City of Weirton and Cove School. And, you would be one of them.”
Ms. Byers-Pepper commented, “Well, as I said, we do have that power in our ordinance, to administer and manage any historic entity. In 1993, we identified Cove School, and we’ve been fighting to keep it from being bulldozed since that moment!”
Councilmember Moore commented, “Why didn’t the school board…”
Ms. Byers-Pepper commented, “We could have. We didn’t realize, just very shortly, before all of this, that there had never been a deed executed by the City of Weirton to own that property. So, in researching, we mentioned it to the City, who owns the property, so that we could deal with the proper entity who owned that property.”
Mayor Miller commented, “Well, that was transferred into the last administration in the year 2002.”
Ms. Byers-Pepper commented, “The deed wasn’t executed. It was transferred, but there was no deed executed.”
Mayor Miller commented, “The deed was made at that point in time. John?”
Mr. Yeager commented, “I don’t think it was executed then Mayor…”
Ms. Byers-Pepper commented, “No. It was not.”
Councilmember Moore commented, “But, did you approach the school board at any time between 1993 and when it was identified as a potential historic site in 2002 when the previous administration tried to take action?”
Ms. Byers-Pepper commented, “No, because it was transferred to the…the City began…became interested in that property and an agreement had been established between the school board and the city.”
Councilmember Moore commented, “When was that?”
Ms. Byers-Pepper commented, “I’m not sure. I would have to check in my…”
Councilmember Moore commented, “Clearly, it was well after 1993, nearly a decade after. Because the interest was in the building to actually raze it to use the brick for fill to use that for auxiliary parking. 1993 was not the Harris Administration. 1993 was the Bowman Administration. There was considerable, nearly a decade there, to approach the school district to obtain title to that building.”
Ms. Byers-Pepper commented, “But, as portion of the City of Weirton, as an arm of the City of Weirton, as an established commission of the City of Weirton, we are the same thing. We are much the same thing. We are commissioned with powers. You can transfer property to.”
Councilmember Moore commented, “Right. But, I’m just not sure why you didn’t approach the school board to transfer that property as well.”
Ms. Byers-Pepper commented, “Because it was pretty soon discussed for development. I can find that out for you. I do have facts. They’re not here with me tonight. That is why I am urgently suggesting that you meet with us. Let me have all of my files and my documents, and I will answer your questions.”
Mayor Miller commented, “It’s Council’s venue, as far as I’m concerned.”
Councilmember DeMasis commented, “I think that’s great. I think that will be a good idea. Believe me, the longer you have something, I don’t know why everybody wants to be negative about it. I’m going to think how you’ve been positive, so I think that’s great. I’m hoping that…”
Ms. Byers-Pepper commented, “Well, believe me, I believe in the people of the City of Weirton. I saw what they did with the (unintelligible) and supporting Weirton Steel and those types of things, and I have, by studying the history of Weirton, have seen that we have recreated ourselves time and time again, using different products for our base…I think we can do it again. I believe in the possibilities.”
Mayor Miller commented, “I’ll tell you what. Councilman Kondik and Councilman Veltri can meet with us and with the other Council members, and within a week we’ll get a letter back to Ms. Pepper, and you guys can pick a time to sit down. OK? Is that OK with you ma’am?”
Ms. Byers-Pepper commented, “Well, I would truly like to answer all the questions of those people having questions, so I would invite all members of Council to attend whatever…”
Mayor Miller commented, “Well, that’s the intent…”
Ms. Byers-Pepper commented, “And, also we meet on the fourth Wednesday of every month in this building, and we are always open to the public and open for questions. We will be most happy to provide them. If we can’t provide them now, we will provide them. Thank you very much for your time and kind attention.”
Mr. Mike Giusto 136 Greenbrier Road, Weirton, WV: Mr. Giusto commented, “Probably, Councilman DeMasis knows why I’m here, and Mr. DuFour here knows why I’m here.”
Mayor Miller commented, “Just state what your problem is, and we’ll get on with it.”
Mr. Giusto commented, “I’ve been trying to get something done with the street for about two years.”
Mayor Miller commented, “OK.”
Mr. Giusto commented, “It seems like when I asked Mr. DuFour when I came down to talk to him, he didn’t know where Wood Street was. It seems like nobody knows about Wood Street.”
Mayor Miller commented, “Is that good or bad?”
Mr. Giusto commented, “It’s bad because I have some property down there that I’m improving…”
Mayor Miller commented, “All right.”
Mr. Giusto commented, “…and I’m asking for a little help from the City to do something with the street.”
Councilmember Kondik commented, “What needs to be done?”
Mr. Giusto commented, “It needs blacktopped. It’s falling apart.”
Councilmember DeMasis commented, “It’s a mess.”
Councilmember Kondik commented, “Is it your ward?”
Councilmember DeMasis commented, “Yes, it’s my ward. I’ve turned it in. I’ve talked…I’ve even talked to this guy over here.”
Mr. Giusto commented, “Right.”
Councilmember DeMasis commented, “…and yes, I’ve talked…”
Mr. Giusto commented, “He’s come down, a couple of years ago, and he took care of a garbage issue for me down there...”
Councilmember DeMasis commented, “Right.”
Mr. Giusto commented, “…from that other building.”
Councilmember DeMasis commented, “Yea.”
Mr. Giusto commented, “The street needs cleaned up.”
Councilmember DeMasis commented, “Yea.”
Mr. Giusto commented, “There’s a lot of junk around, and I mean it’s…the weeds. When you pull out on Marland Heights Road, it’s grown up over there. You can’t see. You’ve got to make a run for it to get out. I think over at the alley going down to Grant Street. You need a 4-wheel drive to get up it.”
Councilmember DeMasis commented, “That’s right. Exactly. You know, that is dangerous there.”
Mr. Giusto commented, “Right. It’s a dead end street.”
Councilmember DeMasis commented, “I told John Brown about that. He said, ‘I’ll take care of it.’”
Mayor Miller commented, “John Brown.”
Councilmember DeMasis commented, “He’s right back there. Right.”
Mr. Giusto commented, “Councilman Dalrymple even tried to something. He turned in a…submitted a letter…”
Councilmember DeMasis commented, “Good for him. Good. Thank you. Yea. I know.”
Mr. Giusto commented, “I have a copy of that here, and that was back in…back in April. I mean, I asked…I think I’ve talked to you about it, and I’m just trying to get some help. I mean, nobody wants to do anything about it.”
Councilmember DeMasis commented, “Yea. Cause they were fixing the streets the first time, right. And, you said, ‘Oh boy, maybe we can get it now.’”
Mr. Giusto commented, “Well, they…”
Councilmember DeMasis commented, “You didn’t get it.”
Mr. Giusto commented, “Well over the years I think they’ve patched a hole or two here, but it’s probably six inches above the curb. I mean, it’s just flaking off. I mean, it’s a nice street up there. It could be a lot better. You know.”
Mr. DuFour commented, “Well, Mike, you’re right. The street is rough. We did patch it in May. I saw you in April.”
Mr. Giusto commented, “You patched one hole.”
Mr. DuFour commented, “Yes. But, you’re not interested in patching…”
Mr. Giusto commented, “One hole…”
Mr. DuFour commented, “…you want it paved.”
Mr. Giusto commented, “…down by the…as you turn, down…”
Mr. DuFour commented, “Mr. Brown, please make note. But, you actually want it paved. That is the key. Right?”
Mr. Giusto commented, “I think it needs paved.”
Councilmember DeMasis commented, “Yes it does. It needs paved.”
Mr. DuFour commented, “Mr. Councilman, put it on your paving list.”
Mayor Miller commented, “Mr. DeMasis.”
Councilmember DeMasis commented, “Yes, sir.”
Mayor Miller commented, “Put it on the paving list. It wasn’t on the list for last year.”
Councilmember DeMasis commented, “How do you put it on the paving list?”
Mayor Miller commented, “All you do is write it down and give it to Public Works as other Councilmen have Mr. DeMasis. Don’t get snippy. I’m just telling you.”
Councilmember DeMasis commented, “I’m not getting…I’m getting hot.”
Mayor Miller commented, “The procedure is to turn it in and make sure that they get it. And, once they get it, if they can’t do it, they’ll get back to you. So, I’m telling you Mike, and I know you, we’ll get it on the list for next year. OK.”
Mr. Giusto commented, “I appreciate it.”
Mayor Miller commented, “We’ll try to help you out that way.”
Mr. Giusto commented, “And, possibly look at the alley. As you…when you go up Wood Street, there’s an alley that drops down to Grant, and it’s hazardous. I’ve dumped slag up there at my own cost. There’s a turn around back there, and I’ve filled the mud holes in. It’s City property because they have those guardrails back there, and that also, I mean, which would be the turnaround, there’s no blacktop on that. It’s a mess back there.”
Mayor Miller commented, “So, essentially, what you’re asking for, and we’ll take a look at, and I’ll charge Mr. Brown, and we’ll get a hold from, within the next week or so, we’ll get the City Engineer. We’ll kind of take a look at it. And, then your Councilman…Make sure you tell him to put your street on the list to get paved for next year.”
Councilmember DeMasis commented, “Again.”
Mayor Miller commented, “Not again. I don’t think you’ve done it the first time.”
Mr. Giusto commented, “Well, I mentioned it to him. I mean, I don’t know…I can’t do his job. You know, I don’t do…”
(Laughter)
Mayor Miller commented, “All right Mike?”
Mr. Giusto commented, “Thanks for your time.”
Councilmember Dalrymple commented, “Mike, didn’t you have some issues with weeds down there too. Wasn’t there some issue with the weeds in the area that you wanted to address?”
Mr. Giusto commented, “Oh. Yes. It’s all the way around. The whole street needs cleaned out.
Councilmember DeMasis commented, “Yes. It’s bad.”
Mr. Giusto commented, “There’s a lot of junk. I think you were up there not long ago, cause another neighbor called.”
Councilmember DeMasis commented, “It’s so ugly.”
Mayor Miller commented, “Rod. Is that City property? Put it down on your list too.”
Mr. Giusto commented, “You made that call today. I believe you have, for one of my tenants.”
Councilmember DeMasis commented, “Hey, Rod, there’s also vehicles in the back. I don’t know why. There’s stuff back in the back.”
Mr. Giusto commented, “I have a few rentals down there that I’ve been trying to fix up, and I want to keep the people in there.”
Mayor Miller commented, “It sounds like there’s (unintelligible) back there that should be taken care of.”
Mr. Giusto commented, “I hear there’s a motorcycle that’s been laying back there for quite a while, and I might just go back there and load it up myself. I don’t know.”
Councilmember Veltri commented, “It’s a scrap yard Mike. Make a couple of bucks.”
(Laughter)
Unknown commented, “If it’s on your property…”
Mr. Giusto commented, “No, it’s not on…it’s on City property.”
Mayor Miller commented, “Well, we’ll have the City Code Enforcer take a look at that area tomorrow. And, we’ll have Mr. Brown also get with the City Engineer, and then we’ll have Mr. DeMasis turn it in, and let’s hope everybody gets satisfied by this time next year.”
Mr. Giusto commented, “For the alley and street.”
Mayor Miller commented, “Yep. Whatever. OK. Thank you Mike.”
Mr. Giusto commented, “Thanks for your time.”
NEW BUSINESS
Resolution: TO AUTHORIZE REVISIONS TO THE 2006-2007 FISCAL YEAR GENERAL FUND AND COAL SEVERANCE BUDGETS.
Motion was made by Councilmember Dalrymple, second by Councilmember J. Miller.
ROLL CALL VOTE:
COUNCILMEMBER KONDIK: YES COUNCILMEMBER VELTRI: YES COUNCILMEMBER DALRYMPLE: YES COUNCILMEMBER J. MILLER: YES COUNCILMEMBER MOORE: YES COUNCILMEMBER H. MILLER: YES COUNCILMEMBER DEMASIS: YES
The motion passed by majority, 7/0
Ordinance No. NEW: (First Reading) AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION.
Motion was made by Councilmember Kondik, second by Councilmember Dalrymple. The motion passed by majority, 7/0
Resolution: TO ENTER INTO CONTRACT FOR REPAIRS TO SOUTH 11TH STREET.
Motion was made by Councilmember Dalrymple, second by Councilmember Veltri. The motion passed by majority, 7/0
Resolution: TO ENTER INTO CONTRACT FOR PRESTON AVENUE STORM SEWER PROJECT.
Motion was made by Councilmember Dalrymple, second by Councilmember Veltri.
Councilmember Moore commented, “One comment. This is going to be roughly 80% funded by the CDBG Fund. We’ve been working on this for over three years. CDBG’s already paid for the engineering work on this, and this additional $14,435 from General Fund will secure the project and relieve some flooding that’s happened on the bottom of Preston Avenue in the homes when it rains.
The motion passed by majority, 7/0
Ordinance No. NEW: (First Reading) ACCEPTING FROM PATSY SELLITTI, SR., .074 ACRES OF REAL ESTATE UPON WHICH VIEW STREET HAS BEEN BUILT AND MAINTAINED BY THE CITY.
Motion was made by Councilmember Veltri, second by Councilmember J. Miller. The motion passed by majority, 7/0
Ordinance No. NEW: (First Reading) ACCEPTING FROM PATSY SELLITTI, SR., .206 ACRES OF REAL ESTATE UPON WHICH VIEW STREET HAS BEEN BUILT AND MAINTAINED BY THE CITY.
Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple. The motion passed by majority, 7/0
Resolution: TO ENTER INTO CONTRACT FOR AUDITING SERVICES FOR FISCAL YEAR ENDING JUNE 30, 2006.
Motion was made by Councilmember Dalrymple, second by Councilmember Veltri. The motion passed by majority, 6/0 with Councilmember Dalrymple abstaining as he is on the Committee.
Resolution: TO ENTER INTO CONTRACT FOR GASB 34 ACCOUNTING SERVICES.
Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple.
Councilmember Moore commented, “I have one question. Do we have to bid this service, and did we?”
Ms. Means commented, “Well it’s a professional service that doesn’t have to be bid. But, we originally did bid it a few years back when we first were required to do it. We only got maybe two firms that were interested in the work.”
Councilmember Kondik commented, “That’s why we have up to $15,000 in the ordinance.”
Mayor Miller commented, “Any more questions?”
Councilmember Moore commented, “(unintelligible)”
Councilmember Kondik commented, “Well it started out, it started out as two years ago or three years ago, a $13,000 fee, and who we awarded it to this year, their figure was $16,000, so the Finance Committee elected to put a cap at $15,000.”
The motion passed by majority, 6/0 with Councilmember Dalrymple abstaining as he is on the Committee.
Ordinance No. NEW: (First Reading) AUTHORIZING PAYMENT OF DUES FOR THE CITY OF WEIRTON MEMBERSHIP IN THE NATIONAL LEAGUE OF CITIES.
Motion was made by Councilmember Dalrymple, second by Councilmember J. Miller.
Councilmember Moore commented, “I have discussion. I went to the National League of Cities annual conference in Charlotte last December. And, honestly, I don’t believe that it’s really worth the cost of maintaining our membership. The Small Cities Division of the NLC begins at 25,000 in population. The scope of the discussion there was really somewhat outside the realm of what our City has a means for. Clearly, they have common interests. They again lobby for all cities and for the preservation of CDBG. But, honestly, I do think we get much better resources by the West Virginia Municipal League and I will not endorse actually re-enrolling in the National League of Cities, and we would have to reprogram the budget to get there, because when I look, there’s only $1,100 left in our dues and subscription line, and this is a $1,600 bill. And, honestly, I get newsletter they send out. And, honestly, I can’t say that I believe that it’s worth it as a resource.”
Councilmember Kondik commented, “It’s the first time I have to agree with Councilman Moore.”
Mayor Miller commented, “The first time you agree with him?”
Councilmember Kondik commented, “The first time I agree with him. Just a comment. The National League of Cities president from our state, and at the last Municipal League meeting that we had, Councilman Miller, Jerry Miller, and myself were the only two there. And, to be honest with you, I don’t use it, the resources, like I use our Municipal League. But, I’ve never gone to the National Cities to use any of their resources. So, I’m going to vote against it.”
Mayor Miller commented, “Well, Councilmen, I will say that it is a good venue, and you have to get into your computers and go to the website. They helped save the funding of CDBG funds. It’s a good tool. I think you should use it for one more year, and then whatever Council comes in at that point in time, they can decide weather the venue is good, bad or indifferent. I think one year around the horn. I think most of you receive their literature, but put very little time into reading it, and right now…”
Councilmember Moore commented, “All right. You know what. I’m not putting up with that. You have no idea what I read or what I don’t read Mayor. I made the trip Mayor. I made the trip to Charlotte.”
Mayor Miller commented, “That’s right. You did.”
Councilmember Moore commented, “If anybody can say more that actually…”
Mayor Miller commented, “Pardon me Councilman. That’s your opinion. This is my opinion. OK.”
Councilmember Moore commented, “You can’t give an opinion on what I read and what I don’t read. You may give an opinion that you support this, but do not sit here and tell me what I read and don’t read…”
Mayor Miller commented, “All right, Councilman. We’ll move on from there. So, that’s my opinion, and Councilmen, motions been made and seconded. Any more comments?"
The motion failed by majority, 7/0
Ordinance No. NEW: (First Reading) AMENDING THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 487, AMENDMENT NO. 164, WHICH ESTABLILSHED A NO PARKING ZONE ACROSS FROM THE DRIVEWAY OF 3337 ORCHARD STREET.
Motion was made by Councilmember Dalrymple, second by Councilmember Veltri. The motion passed by majority, 7/0
Ordinance No. NEW: (First Reading) AMENDING THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO AMEND ORDINANCE NO. 1038, AMENDMENT NO. 447 BY RESCINDING THE RESIDENTIAL DISABILITY PARKING SPACE AT 3319 ELM STREET ONLY.
Motion was made by Councilmember J. Miller, second by Councilmember DeMasis. The motion passed by majority, 7/0
Ordinance No. NEW: (First Reading) AMENDING THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 1401, AMENDMENT NO. 614, WHICH ESTABLILSHED A RESIDENTIAL DISABILITY PARKING SPACE AT 204 HUDSON AVENUE.
Motion was made by Councilmember Moore, second by Councilmember J. Miller. The motion passed by majority, 7/0
Ordinance No. NEW: (First Reading) AMENDING THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 1306, AMENDMENT NO. 577, WHICH ESTABLILSHED TWO STOP SIGNS ON THE EAST AND WEST SIDES OF BIRCH DRIVE AT ITS INTERSECTION WITH THE RAILROAD CROSSING.
Motion was made by Councilmember Dalrymple, second by Councilmember Veltri.
Councilmember Kondik commented, “Just a comment Mayor. Probably Dave Dalrymple is the leader of this ordinance. I was going to vote for it until I receive this letter. I just got this letter tonight from Don Westerhoff from Mittal Steel Safety Director, and I think maybe he might know a little bit more than I do. Do we want to think about studying his proposal on voting against this?”
Councilmember Dalrymple commented, “Well, I have some answers for Mr. Westerhoff’s comments in this letter if you would like to hear them Councilman.”
Councilmember Kondik commented, “Yes, I think I should because…”
Councilmember Dalrymple commented, “Well, according to what it says here, Mr. Westerhoff called today about the signs being kept, because they serve a point where traffic can stop to look for trains, as well as slow trucks heading towards Freedom Way with heavy loads. He also explained that Mittal has approximately eight trains using that crossing 24, in a 24 hour period. The number does not include Norfolk Southern which services other business in the Birch Drive area. Those are all good points. I find the one about slowing trucks heading towards Freedom Way with heavy loads a little laughable, because Freedom Way is quite a distance from the tracks, and you’ve got to go up hill to get to Freedom Way. The train traffic has slowed immensely since the ISG, Mittal takeover, along with tractor trailer traffic through Half Moon. It used to be that you took your life into your hands riding down through there sometimes during the day when things were going well. Now, it’s a totally different story. The truck traffic, while it’s still there, is no where near the type and amount of traffic that was there ever a year ago.”
Councilmember Kondik commented, “Do we have a study on that?”
Mayor Miller commented, “Is Mr. Westerhoff here?”
Councilmember Kondik commented, “Oh. Sorry if I mispronounced your name.”
Mayor Miller commented, “Would you mind stepping up to the podium?”
Mr. Westerhoff commented, “That’s all right. It happens all the time. I’m new to Mittal Steel. I’m familiar with the area, and I was up there today observing traffic flow through there. And, the practice now is currently most people blow through the stop sign. But, I watched about a hundred cars pass through, and about 68-70 of them didn’t even touch their brakes. My position is that we do have crossing signals similar to what we have located on Birch Avenue within the plant. And, we just had last month a City of Weirton Water truck go through the operating lights and get involved in an accident with one of our locomotives. It’s not uncommon. Those signs can be hard to see. The flashing lights with the sunlight, sometimes it’s difficult. And, the stop signs, at least it gives an opportunity for people to slow down if they are obeying the traffic signs. And, just to slow down, and get a little opportunity to have a little bit more visual observation of the train tracks. It’s kind of a blind corner. It’s a straightaway, but the tracks kind of parallel Birch Avenue, Drive as you’re going up the hill. And, I think, from a safety perspective, I think the stop signs add an element of safety in preventing a collision, a potential collision.”
Mayor Miller commented, “Pardon me for a second. Do the signal lights work?”
Mr. Westerhoff commented, “Yes, they do.”
Mayor Miller commented, “Are they on just one side of the…”
Mr. Westerhoff commented, “They’re on both sides. When it’s a Mittal Steel locomotive, it’s activated by a remote control device inside of the locomotive. There are problems with those sometimes, on interferences with RF signals. So, sometimes they do malfunction, and the signals don’t operate properly. We are investigating options to do away with that problem. Norfolk Southern, they activate the signal with a…getting out of the locomotive, on the utility pole and signaling it that way.”
Councilmember Dalrymple commented, “If the lights aren’t operational, isn’t it the duty of the operator of the train on the line to get out and stand there with some type of lantern or light.”
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